Publications

Illinois Bar Journal
Articles on Tort Law

The Open and Obvious Doctrine and Landowner Liability: The Rule and the Exceptions By Jennifer E. Simms July 2004 Article, Page 352 A discussion of the doctrine, its exception, and its applicability to children.
Dawdy and the Future of Intrastate Forum Non Conveniens in Illinois By Jill E. Adams May 2004 Article, Page 246 In Dawdy, the court ruled that a "forum shopping" paintiff deserves little deference. Will the decision lead to a rise in forum non conveniens litigation?
Defendant was not required to introduce her own expert witness regarding the relationship of the plaintiff’s prior injuries to the automobile collision because she was able to establish the same from cross-examination of the plaintiff’s experts, obviating the need for further expert testimony May 2004 Illinois Law Update, Page 242 On January 30, 2004, the Appellate Court of Illinois, Second District, affirmed the order of the Circuit Court of Lake County admitting evidence of a motorist's prior injuries without expert testimony regarding causation of the prior injuries. 
Mechanics Liens and Slander of Title: The Case for Absolute Privilege By Michael G. Cortina May 2004 Article, Page 267 The author argues that mechanics-lien filers are protected from slander of title claims by the privilege for statements made during litigation.
Cause of action recognized for negligent issuance of a life insurance policy based upon the proposed insured’s lack of knowledge and consent to the policy April 2004 Illinois Law Update, Page 176 On January 23, 2004, the Illinois Supreme Court affirmed the judgment of the appellate court, which reversed the circuit court's grant of the defendant's motion to dismiss.
Parent may not claim loss of consortium damages for a child’s nonfatal injuries April 2004 Illinois Law Update, Page 176 On January 23, 2004, the Illinois Supreme Court affirmed the trial and appellate courts' dismissal of Count III of the plaintiffs' complaint. 
Application of the audit interference doctrine in the accounting malpractice context is consistent with general tort principles and Illinois common law. March 2004 Illinois Law Update, Page 124 On December 18, 2003, the Illinois Supreme Court affirmed the trial and appellate courts' application of the "audit interference" doctrine, limiting consideration of the plaintiff's comparative negligence to instances in which it contributed to the accountant's failure to properly perform an audit. 
Life after “Same Part of the Body”: An Update on Admissibility of Prior Injuries By Joseph G. Feehan March 2004 Article, Page 146 A review of recent case law governing admissibility of prior and subsequent medical conditions in injury cases.
“Sunshine in Litigation” Legislation: Boon or Bane? By Martin J. Healy, Jr. and David P. Huber March 2004 Article, Page 138 Proponents argue that the "sunshine" proposal before the General Assembly promotes public safety, while opponents charge that it puts trade secrets at risk.
There is Ample Sunshine Already By Gregory C. Ray March 2004 Article, Page 139 The Illinois House has passed, and the Senate is considering, a bill that would limit the power of the parties and the court to bar access to information in litigation involving "public hazards." 
The Downsizing, then Supersizing of Medicare’s Super Lien By Fred Johnson January 2004 Article, Page 40 A federal appellate decision limited Medicare's subrogation interest in settlement proceeds, but the new Medicare reform law legislatively overturned the court and expands the lien.
New law makes it easier to investigate workplace misconduct By Helen W. Gunnarsson January 2004 Lawpulse, Page 10 Employers are no longer required to get an alleged wrongdoer's consent to hire an outside firm to conduct an investigation of alleged misconduct on the job.
Posner to hoteliers: don’t let the bedbugs bite By Helen W. Gunnarsson January 2004 Lawpulse, Page 10 A leading conservative jurist makes a statement about punitive damages and pest control.
Website is immune from suit for defamation where it only posts links to information published by third parties. January 2004 Illinois Law Update, Page 16 On October 28, 2003, the Appellate Court of Illinois, Second District, affirmed the order of the Circuit Court of Du Page County dismissing the plaintiff's defamation complaint.
Actions for intentional infliction of emotional distress based upon conduct occurring in the martial setting will be recognized December 2003 Illinois Law Update, Page 600 On September 18, 2003, the Illinois Supreme Court affirmed the judgment of the fifth district appellate court, which held that the plaintiff could maintain a cause of action for intentional infliction of emotional distress caused by her ex-husband's pattern of abusive treatment during their marriage.
Hospital was not entitled to good faith presumption for reporters of child abuse under the Abused and Neglected Child Reporting Act because its actions constituted investigation December 2003 Illinois Law Update, Page 600 On September 15, 2003, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County dismissing the plaintiff's action against a hospital for false imprisonment, intentional infliction of emotional distress, and damages. 
Insuring Against Insolvent Insurers: The Illinois Insurance Guaranty Fund By Marlene A. Kurilla and Melissa A. King November 2003 Article, Page 560 Which insurers are covered and which are not? What's a "covered claim"? Find out how the fund works.
Neglecting Mandatory Asbestos Reinspections Could Lead to Liability for Schools By Craig T. Liljestrand November 2003 Article, Page 571 A review of the Asbestos Hazard Emergency Response Act's mandatory reinspection requirements.
Return of the Petrillo doctrine for hospital defendants By Helen W. Gunnarsson November 2003 Lawpulse, Page 544 Beginning next year, a new law will once again ban ex parte conversations between a hospital's lawyers and a plaintiff's treating physicians.
§3-106 of the Tort Immunity Act is not an absolute shield from liability. November 2003 Illinois Law Update, Page 550 On August 21, 2003, the Illinois Supreme Court reversed the judgments of the appellate and circuit courts granting summary judgment in favor of the defendants.
Little-noted Illinois Civil Rights Act takes effect January 1 By Helen W. Gunnarsson October 2003 Lawpulse, Page 486 Among other things, the new law allows attorney-fee awards to prevailing claimants.
Statute of limitations expands under Local Governmental Tort Immunity Act P.A. 93-0011 August 2003 Illinois Law Update, Page 384 A recent amendment to the Local Governmental and Governmental Employees Tort Immunity Act allows for the commencement of an action for damages for injury or death against any local public entity or public employee.
For whom the statute tolls By Helen W. Gunnarsson July 2003 Lawpulse, Page 326 When does a statute of limitations begin to run for a cause of action held by a deceased minor? Surprisingly, Illinois courts of review have never answered the question.
Avoiding Tort Immunity Pitfalls By Edward W. McNabola June 2003 Article, Page 284 An overview of the challenges to litigants posed by the governmental tort immunity statute.
Once plaintiff litigated her damages and received full recovery from one defendant, she could not pursue her case against second defendant for same indivisible injuries June 2003 Illinois Law Update, Page 280 On March 20, 2003, the Illinois Supreme Court held that the plaintiff could not maintain her negligence action against a second defendant after she had already collected full damages from a first defendant.
Post-Sale Duties to Warn, Recall, and Retrofit Defective Products in Illinois By Stephanie A. Scharf and Thomas P. Monroe June 2003 Article, Page 298 Bucking the national trend, Illinois courts have refused to recognize the duty.
Changing the Nature of Illinois Class Actions By Kathleen R. Richards and Jeffrey L. Dunn May 2003 Article, Page 230 Amended Supreme Court Rule 306 allows discretionary appeals of interlocutory orders granting or denying class certification. Here's the defense lawyer's take on the change.
How Great Will the Impact Really Be? By Judy L. Cates May 2003 Article, Page 231 Amended Supreme Court Rule 306 allows discretionary appeals of interlocutory orders granting or denying class certification. Here's the plaintiff's lawyer's take on the change.
Plaintiff asserting private right of action for personal injury under Nursing Home Care Act does not have to attach certificate and report under section 2-622 of Code of Civil Procedure May 2003 Illinois Law Update, Page 226 On February 21, 2003, the Illinois Supreme Court affirmed the decision of the appellate court that a plaintiff asserting a private right of action under the Nursing Home Care Act, 210 ILCS 45/1-101.
The Illinois Supreme Court’s 2002 Civil Cases: A New Court Settles In By Nancy J. Arnold, Tim Eaton, and Michael T. Reagan April 2003 Article, Page 172 Our annual review of the leading cases.